Private Law Theory

Abstract:
Empirical analysis of dispute resolution terms in commercial contracts provides information about theoretical issues in contract law. These clauses are adopted at a time when the parties share an interest in maximizing the value of the contract. The analyst can examine the pattern of contracting behavior and infer that the choices made by sophisticated parties will tend to represent efficient arrangements.

Miller, Geoffrey P, Empirical Analysis of Legal Theory (November 18, 2014). NYU Law and Economics Research Paper No 14-35.

First posted 2014-11-21 07:21:49